A Comparative Study of the Formation of Contracts in Japanese, English, and German Law

• Hoofdauteur: Suzuki-Klasen, Anna Katharina (auth)
• Formaat: Elektronisch Hoofdstuk
• Taal: Engels
• Gepubliceerd in: Baden-Baden Nomos Verlagsgesellschaft mbH & Co. KG 2022
• Reeks: Recht in Ostasien Band 18
• Onderwerpen: LAM,LNB; Angebot und Annahme, BGB, BGB Allgemeiner Teil, Bindungswille, Bürgerliches Gesetzbuch, Contracts in English Law, Contracts in German Law, Contracts in Japanese Law, Contracts in the Digital Economy, Japanese Law of Obligations, Law of Contract, Online Transactions, Real Estates, Schuldrecht, Types of Contract, Vertragsschluss, Willenserklärung, legal practice, contract formalities, contract form, signing, sealing, legal consciousness, legal history, German contract law, English contract law, Japanese contract law, comparative contract law, Contract formation
• Online toegang: DOAB: download the publication; DOAB: description of the publication

The basic elements of a contract, namely, offer and acceptance, the intention to be bound, and consideration, and requirements of form found in English, German, and Japanese law are compared against the background of their historical development, the legal consciousness and practices existing in these countries. In this way, awareness is built both of the theoretical or practical differences and the underlying socio-cultural reasons. This in turn aids in the comprehension of why certain variations exist, which, although sometimes deceptively small, may have great importance for contracting in practice.

The basic elements of a contract, namely, offer and acceptance, the intention to be bound, and consideration, and requirements of form found in English, German, and Japanese law are compared against the background of their historical development, the legal consciousness and practices existing in these countries. In this way, awareness is built both of the theoretical or practical differences and the underlying socio-cultural reasons. This in turn aids in the comprehension of why certain variations exist, which, although sometimes deceptively small, may have great importance for contracting in practice.